Can Alimony Be Enforced by Contempt?

Here is an outline of the issues involved.

Enforceability of Contractual Spousal Maintenance Obligations by Contempt
Courts in Texas grapple with the distinction between contractual spousal maintenance (also known as alimony) and court-ordered spousal maintenance as defined in Chapter 8 of the Texas Family Code. This distinction is critical when determining whether a spousal maintenance obligation is enforceable by contempt.

• The Texas Constitution prohibits imprisonment for debt, and contractual alimony is generally treated as a debt. This means that a spouse cannot be held in contempt for failing to pay contractual alimony.
• Court-ordered spousal maintenance, on the other hand, is not considered a debt and can be enforced by contempt. This type of maintenance is subject to specific statutory requirements and limitations outlined in Chapter 8 of the Family Code.
• Whether a spousal support obligation is contractual or court-ordered depends on the language of the divorce decree and the intent of the parties. For example:
  • If a divorce decree refers to the obligation as "contractual alimony," it is likely to be considered a contractual debt.
  • If a divorce decree uses decretal language, such as "IT IS ORDERED", to mandate the payment of spousal support, it is more likely to be considered court-ordered maintenance.

Examples of how courts have interpreted spousal maintenance obligations-In re Dupree, the Dallas Court of Appeals ruled that a contractual alimony obligation could not be enforced by contempt because it lacked decretal language ordering the payment.

• Conversely, in In re Taylor, the Texarkana Court of Appeals upheld a contempt order for unpaid spousal support, despite the decree mentioning "contractual maintenance." The court reasoned that the presence of decretal language ordering the payment distinguished it from a purely contractual obligation.

• The agreement is incorporated into a court order.
• The court order uses decretal language.
• The amount and duration of support comply with the limitations in Chapter 8 of the Family Code.

Strategic implications for drafting and enforcing spousal maintenance agreements:
If parties intend for their agreement to be purely contractual, they should:

• Explicitly refer to it as a contractual agreement.
• Avoid using decretal language in the agreement or court order.

• If parties want the agreement to be enforceable by contempt, they should:
• Ensure the amount and duration of support fall within Chapter 8 limits.
• Use decretal language in the court order.
• Explicitly state that Chapter 8 applies to the spousal maintenance provisions.